My ex-wife and I share child custody 50-50. We live near each other but in different school district boundaries.
She wants to pull our kids out of the school district they have been in their whole lives (the one in my neighborhood) and enroll them in a school district closer to her a few miles away.
Can my ex-wife place the children in another school district without my consent?
I am not licensed to practice law in your state so I cannot offer legal advice on divorce. However, I can give you general divorce help for men that may be useful to you.
The issues surrounding school settlement are complicated ones.
When the parties both have legal custody of the children, also known as joint legal custody, both parents must agree on the major decisions for the children, such as school, medical, and religion.
Can your child move school districts if it is within the court-ordered limits? Every parenting plan has different language in it that is tailored to your situation and your child.
If the parenting plan indicates that a child can go to school within a certain mile radius or in several different school district options, then your ex-wife can consider a change of school for your child, but again, it most likely has to be agreed upon.
If the parties do not agree to the change, then usually the status quo remains until the party requests a hearing with the judge in order to reach a decision.
If the school district change is granted, who is responsible for the additional driving? If the driving is done during your parenting time then you are responsible. I would advise that prior to agreeing to any school change to examine your different options.
Look into if this works for your schedule, if your child can take a bus, etc. If any of these are real concerns of yours then you need to compromise with your ex.
One option is to agree to the school change if she agrees to pay for a portion of the before or after school care costs and gas expenses you will incur.
I would recommend that you contact a local attorney to discuss divorce rights for men.
Cordell & Cordell has mens divorce lawyers located nationwide. To arrange an initial consultation with a Cordell & Cordell attorney, including Rachel S. Sadovsky, an Associate Attorney in the Indianapolis, Indiana, office, please contact Cordell & Cordell.